비정규직 차별 시정제도의 실효성 방안 (Ⅰ) - 시정 신청 당사자를 중심으로 -

Abstract

It is now more than 10 years since the introduction of non-regular worker discrimination system. The discrimination correction system, which I thought would be able to exercise active rights by non-regular workers themselves, has not contributed much to the correction of non-regular workers discrimination so far. It will be possible to function as an effective system by providing institutional conditions that enable active non-regular workers beyond the grant of rights. This article deals with securing the effectiveness of the discrimination correction system by expanding the scope of the applicant for discrimination correction, the scope of user responsibility, and the scope of the applicant. First, the right to correct discrimination in the contract of unlimited contract workers should be granted immediately. There is discrimination but the means of relief is the reality of these contracts. The direction of the legislation seems to be possible in a way that combines the protection of unlimited contract workers in existing non-regular workers law. The visibility area for short-time workers should also be widened. The definition of short-time workers means workers who shorten the same work. In this case, short-term workers who have shortened similar tasks have problems that they can not apply for correction due to the concept definition. Short-time workers who do similar jobs should also be entitled to apply for correction. In order to protect discrimination against dispatched workers, the employer must be liable to the employer. Even if discrimination is recognized, excluding employers who have economic advantage and ordering correction to dispatch employers is a factor that prevents them from fulfilling their functions as effective remedies. This can also impose joint responsibility for the employer in the interpretation theory. In recent years, subordinates have supported this. However, it is doubtful whether the interpretation theory will be maintained until the Supreme Court. This also requires legislation to be effective. In recent revisions to the law, the Minister of Employment and Labor may require the employer to correct the discrimination, and if it does not, the Labor Relations Commission will review the discrimination and order the correction. The Ministry of Employment and Labor has yet to play a sufficient role. In addition, granting the Ministry of Employment and Labor the right to correct discrimination can not be the reason why it does not have to grant the labor union's right to correct discrimination. Moreover, in the situation that the Ministry of Employment and Labor is not functioning properly, it is right to grant the right to apply for correction of discrimination against labor union one day at a time in order to operate a more active discrimination system.